§ 98-78. Same—procedures for towing and storing.

(a)

After determining to have a vehicle parked in violation of section 98-74 towed, the city manager or the designee of the city manager shall request the police dispatcher to contact the next available wrecker company on the wrecker rotation list maintained under the provisions of section 122-92.

(b)

Such wrecker company, after being so notified may, without the consent of the owner or operator of such vehicle, remove and store such vehicle, and any property on or in such vehicle, at its automotive storage yard at the expense of the owner or operator if the towing company has received a written statement from the city manager or the designee of the city manager that:

(1)

The vehicle is parked in violation of section 98-74; and

(2)

The owner or operator of the vehicle has received actual notice that the vehicle is in violation of this article, or a conspicuous notice has been attached to the vehicle for the required period of time in compliance with section 93-77.

(c)

No later than the fifth calendar day after taking the vehicle into custody for a vehicle registered in the state and no later than the 14th calendar day after the vehicle is taken into custody for a vehicle registered outside the State of Texas, the wrecker company shall mail a written notice by certified mail, return receipt requested, to the last address shown for the owner and lienholder, if any, according to the vehicle registration records of the state department of transportation, or if the vehicle is registered in another state, the appropriate agency of that state, stating:

(1)

A description of the vehicle;

(2)

That the wrecker company is in possession of the vehicle as a result of it being towed;

(3)

A description of where the vehicle was towed from and when it was towed to the wrecker company's automotive storage yard;

(4)

That the city authorized the tow;

(5)

The name and telephone number of the wrecker company and the address where the vehicle is stored and where it may be reclaimed;

(6)

A statement that the vehicle may be reclaimed upon presentation of proof of ownership and payment of towing, storage and notification fees;

(7)

The amount of the towing, storage and notification fees; and

(8)

A statement if the vehicle remains at the automotive storage yard for 20 days or more after the date of the notice, unclaimed, the wrecker company will declare it to be abandoned. Such failure to reclaim the vehicle shall be deemed a waiver of the owner's and lienholder's right, title and interest in the vehicle and their consent to the sale of the vehicle at public auction to be held on or after a specified date.

(d)

Notice by publication in a newspaper of general circulation in the city is sufficient notice under subsection (c) above if:

(1)

The identity of the last registered owner cannot be determined;

(2)

The registration has no address for the owner; or

(3)

The determination with reasonable certainty of the identity and address of all lienholders is impossible.

The notice of publication must be published in the same time period and contain the same information required by subsection (c) above. The publication may contain a list of more than one vehicle.

(e)

An owner or operator of the vehicle shall be entitled to the rights of owners of stored vehicles as set forth in V.T.C.A. Transportation Code ch. 685, as amended, which Chapter is incorporated herein by reference.

(f)

A wrecker company which tows a vehicle under this article shall be entitled to receive from the owner, operator or lienholder the expense of towing and storage of the vehicle, including the cost of notification. Such expenses shall be a priority lien against the vehicle and may be deducted from the sale of the vehicle at public auction.

(Ord. No. 98-13, § 2, 5-14-98)